Johnston v. State

COOK, Justice.

The judgment of the Court of Criminal Appeals (see Johnston v. State, 740 So.2d 436 (Ala.Crim.App.1996)) is reversed, on the authority of Ex parte Parker, 740 So.2d 432 (Ala.1999). This cause is remanded to the Court of Criminal Appeals to reinstate the trial court’s judgment and sentence.

REVERSED AND REMANDED WITH DIRECTIONS.

HOOPER, C.J., and MADDOX, HOUSTON, KENNEDY, SEE, and LYONS, JJ., concur. BROWN, J., recuses herself.